WHERE TO FIND A MAINTENANCE COURT

If you can’t agree on a parenting plan, your partner refuses to pay maintenance, or you need legal assistance to secure financial support for your child, Cheryl Webb, managing consultant at the Family Law Clinic, says it’s best to approach your local maintenance court.

There are special maintenance courts at every magistrate’s court.

You can go directly to these, and you will be helped through the process, free of charge, by maintenance officers assigned to these courts. Maintenance officers can also help with applications to increase or reduce maintenance payments. According to the Department of Justice and Constitutional Development, these are the steps alongside that should be followed when approaching a maintenance court.

1 Apply for maintenance at the magistrate’s court in the district where you live.

2 If you are in doubt, your local court will tell you at which court to apply for maintenance.

3 Go to the relevant court and complete and submit Form A: Application for a maintenance order.

4 In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments.

5 The court will serve a summons (a letter instructing a person to come to court) on the respondent (the person against whom the claim is brought) to appear in court on a specific date to discuss the matter.

6 The respondent agrees to pay the maintenance as claimed, and a magistrate will review the relevant documentation. He or she will then make an order and may decide to do so without requiring the parties to appear in court.

7 If the person who is allegedly liable to pay maintenance does not consent to the issuance of an order, he or she must appear in court, where evidence from both parties and their witnesses will be heard.

8 If the court finds the person liable for paying maintenance, payments must be made.